Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule authorizes an agency officer or
employee to represent DMV at a contested case hearing as described in this
rule. Except for a hearing described under ORS
183.430(2), the
Attorney General has granted authority to DMV to appoint officers or employees
to represent DMV at contested case hearings regarding:
(a) Suspension, revocation and cancellation
of driving privileges;
(b)
Non-issuance of driver licenses and identification cards;
(c) Suspension or cancellation of
identification cards;
(d)
Suspension, revocation, cancellation, probation and denial of vehicle dealer
certificates;
(e) Suspension,
revocation, cancellation and denial of dismantler certificates;
(f) Suspension, revocation, denial and
refusal to issue or renew a towing company certificate;
(g) Revocation and denial of a vehicle
transporter certificate;
(h) Civil
penalties assessed on unlicensed dealers and on licensed dealers who violate
the laws and rules relating to the sale of vehicles under the authority of ORS
822.009 and OAR chapter 735,
division 150;
(i) Civil penalties
for violations related to dismantlers assessed under authority of ORS
822.137 and OAR chapter 735,
division 152;
(j) Cancellation of
vehicle title and registration under authority of ORS
809.090 and
809.095;
(k) Implied consent cases under ORS
813.410 and OAR 735, division
90;
(l) Denial, suspension or
revocation of a commercial driving school certificate; and
(m) Denial, suspension or revocation of a
commercial driver training instructor certificate.
(2) The administrative law judge shall not
allow an agency representative appearing under section (1) of this rule to
present legal argument as defined in this rule.
(a) "Legal Argument" includes arguments on:
(A) The jurisdiction of the agency to hear
the contested case;
(B) The
constitutionality of a statute or rule or the application of a constitutional
requirement to an agency; and
(C)
The application of court precedent to the facts of the particular contested
case proceeding.
(b)
"Legal Argument" does not include presentation of motions, evidence,
examination and cross-examination of witnesses or presentation of factual
arguments or arguments on:
(A) The
application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of
the agency in handling similar situations;
(C) The literal meaning of the statutes or
rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence; and
(E) The correctness of procedures
being followed in the contested case hearing.
(3) If the administrative law judge
determines that statements or objections made by an agency representative
appearing under section (1) involve legal argument as defined in this rule, the
administrative law judge shall provide reasonable opportunity for the agency
representative to consult the Attorney General and permit the Attorney General
to present argument at the hearing or to file written legal argument within a
reasonable time after conclusion of the hearing.
(4) An agency representative appearing under
section (1) must read and be familiar with the most recently published Code of
Conduct for Non-Attorney Representatives at Administrative Hearings, which is
maintained by the Oregon Department of Justice and available on its website at
http://www.doj.state.or.us.
Stat. Auth.: ORS
183.415,
183.450,
183.452,
184.616, 814.619 &
802.010
Stats. Implemented: ORS
183.450
